Barket Law, P.A.

Civil Litigation Attorney - Residential and Commercial Property Insurance Claims - Coverage Disputes - Bad Faith - Contract Interpretation

[Barket Law, P.A. @FlaInsuranceLaw]

Another opinion from the 4th DCA in favor of Universal. Reverses judgment for the insured and remands to have the complaint dismissed without prejudice (despite SOL running?).
https://t.co/HFdyXzlcD3

[Barket Law, P.A. @FlaInsuranceLaw]

2DCA sides with 3DCA on ACV/RCV issue. "Accordingly, because we agree with Tio and the corresponding discussion in the dissent in Qureshi, we certify conflict with the Qureshi majority."
https://t.co/HCMWRz6xoN

[Barket Law, P.A. @FlaInsuranceLaw]

5DCA: the term "one or more insureds" is more like the term "any insured" than "the insured." Both phrases "one or more insureds" and "any insured" clearly indicate that the actions of only one insured will result in denial of coverage for all insureds.
https://t.co/YNSt9OEMdj

[Barket Law, P.A. @FlaInsuranceLaw]

3DCA: An insured carries the burden of presenting evidence justifying a specific and definite amount of economic damages.
https://t.co/bpw4X4FORZ

[Barket Law, P.A. @FlaInsuranceLaw]

This opinion from the 4th DCA makes you question whether lady justice really has a blindfold on.
https://t.co/TUAwr3u7s8

[Barket Law, P.A. @FlaInsuranceLaw]

These are the wrong arguments. The argument needs to focus on requiring the insurer to hold the license. The insurer is controlling/supervising repairs, dictating costs, and has the liability. The insurer is required to hold the license under the statute.
https://t.co/YdGJaVqNv8

[Barket Law, P.A. @FlaInsuranceLaw]

2DCA: A plaintiff seeking to recover under an all risks policy has the burden of proving that, while the policy was in force, a loss occurred to the insured's property.
https://t.co/gR4UhLY71O

[Barket Law, P.A. @FlaInsuranceLaw]

This opinion from the 1st DCA is a perfect example of how much appellate courts favor insurers. What a joke.
https://t.co/NOEnCmPm3T

[Barket Law, P.A. @FlaInsuranceLaw]

Great opinion from 2DCA re ACV/RCV. This is the approach all district courts should follow.
https://t.co/cKUPx2TdXP

[Barket Law, P.A. @FlaInsuranceLaw]

1DCA: 625.155, Florida Statutes cannot be retroactively applied
https://t.co/Sv87ZWjaZg

[Barket Law, P.A. @FlaInsuranceLaw]

6DCA: "trial court correctly entered final judgment in favor of [Insurer] because it was undisputed the named insured did not reside at the subject property, which the policy unambiguously required."
https://t.co/nxz3KD4kh1

[Barket Law, P.A. @FlaInsuranceLaw]

Many judges/appellate courts in the state of Florida are going out of their way to write opinons that destroy policyholder rights.

[Barket Law, P.A. @FlaInsuranceLaw]

1st DCA: affirms judgment for insurer - "[Insureds] failed to show that as of June 2021, when they filed their breach of contract action, [the insurer] had breached the insurance policy."
https://t.co/csd0b4ZaCp

[Barket Law, P.A. @FlaInsuranceLaw]

5DCA: "the statutory amendment eliminating that right to attorney's fees cannot be retroactively applied" to "policy issued before the amendments took effect"
https://t.co/HggQgFYL5x

[Barket Law, P.A. @FlaInsuranceLaw]

"[T]]he fact that [the insurer] also denied coverage based on a policy exclusion does not, by itself, rebut the presumption of prejudice from the insureds' untimely notice. A denial only absolves the insured of further post-loss duties."
https://t.co/h15GTX5NBJ

[Barket Law, P.A. @FlaInsuranceLaw]

4DCA: "trial court abused its discretion in denying its motion for remittitur... sworn proof of loss is not competent evidence upon which the jury could rely in assessing damages"
https://t.co/T3JiO9JOxZ

[Barket Law, P.A. @FlaInsuranceLaw]

3DCA: "notice of claim was untimely" and insured "failed to adequately rebut the presumption of prejudice. "[B]ecause both the Engineer's Affidavit and Report are conclusory, the trial court did not err in granting final summary judgment."
https://t.co/FTQ2aMctaI

[Barket Law, P.A. @FlaInsuranceLaw]

2DCA: "Florida law has long established the general principle that one can waive any contractual, statutory or constitutional right."

What about late notice?

https://t.co/2kWO9lJWRv

[Barket Law, P.A. @FlaInsuranceLaw]

4DCA reverses final summary judgment for Citizens. "Failed to show that there was 'no genuine dispute as to any material fact' entitling it 'to judgment as a matter of law'... A denial... letter is not competent proof of the facts... to justify the denial"
https://t.co/BVgLdkUrhE

[Barket Law, P.A. @FlaInsuranceLaw]

4DCA: Insureds' failure to file a reply to insurer's affirmative defenses precluded any argument as to whether insurer waived right to rely upon late notice defense.
https://t.co/FBTPvK6PTU